STATE v. DAVIS

No. 795SC690.

262 S.E.2d 827 (1980)

STATE of North Carolina v. Sheila DAVIS.

Court of Appeals of North Carolina.

February 5, 1980.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. Thomas B. Wood, Raleigh, for the State.

Smith & Kendrick by W. G. Smith and George H. Sperry, Wilmington, for defendant.


ROBERT M. MARTIN, Judge.

The defendant by her second assignment of error contends that the trial court erred in denying defendant's motion for dismissal at the close of the State's evidence and at the close of all the evidence. We agree.

Upon defendant's motion for dismissal, the question for the court is whether there is substantial evidence (1) of each essential element of the offense charged and (2) of defendant being the perpetrator of such offense. If...

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